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[Utah Code Table of Contents]
[TITLE 38. Table of Contents]
38-7-1 Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
(1) Every hospital located within the state that furnishes emergency, medical, or other service to a patient injured by reason of an accident not covered by workmen's compensation is entitled to assert a lien upon that portion of the judgment, settlement, or compromise going or belonging to such patient, or, in the case of death, to such patient's heirs or personal representatives, less the amount paid by the patient, or on behalf of such patient, by heirs or personal representatives for attorney's fees, court costs, and other necessary expenses incidental to obtaining the judgment, settlement, or compromise; provided, that no reduction of the asserted lien amount other than the amount paid by the patient, or such patient's heirs, or personal representatives for attorney's fees, court costs, and other necessary expenses incidental to litigation is allowed, unless otherwise agreed to in writing by the lien claimant. The hospital lien, however, shall not apply to any judgment, settlement, or compromise where the amount is $100 or less. This subsection shall apply to any lien on file in the district court of the county on the effective date of this act. Liens on file with the office of the county clerk shall be transferred to the respective county district court on May 1, 1996.
(2) A hospital lien may be filed upon damages recovered,
or to be recovered, either as a result of a judgment, or
upon a contract of settlement or compromise, for the amount
of the reasonable, usual, and necessary hospital charges
for treatment, care, and maintenance of the injured party
in the hospital up to the date of payment of the damages.
1996
38-7-2 Notice of lien required - Filing with district court - Mailing to injured person, heirs or legal representative, and insurance carrier.
A hospital lien upon damages recovered or to be recovered for personal injuries or death shall be effective if:
(1) a verified written notice is filed in the district court of the county in which the hospital asserting the lien is located containing:
(a) an itemized statement of the services rendered to the injured person and the dates of the services;
(b) the name and address of the hospital making the claim;
(c) the name of the person, firm, or corporation alleged to be liable to the injured party for the injuries and damages sustained; and
(d) the full name and address of the injured person;
(2) the hospital sends by certified mail with return receipt requested, prior to the payment of any money to the injured person or his attorney or heirs or legal representatives as compensation for the injuries and/or damages sustained, a copy of the written notice, together with a statement of the date of filing, to the person, firm, or corporation alleged to be liable to the injured party for the injuries and/or damages sustained; and
(3) the hospital mails a copy of the written notice by
certified mail with return receipt requested to the home
office of any insurance carrier that has insured the person,
firm, or corporation against liability, if the name and address
is known.
1996
38-7-2.5 Failure to notify - Effect - Penalty.
(1) (a) A person who fails to meet the notice requirements of Subsections 38-7-2 (1) and (2) is precluded from receiving an award of costs and attorneys' fees from the person against whom a notice of lien has been filed in an action to enforce the lien if costs and attorneys' fees are authorized by contract or statute.
(b) Subsection (1)(a) does not create a right to costs and attorneys' fees.
(2) In addition to the penalties provided in Subsection (1)(a), a lien claimant who, within 20 days from the date of receiving notice of noncompliance with the notice requirements of Subsection 38-7-2 (1) or (2), willfully refuses to release the notice of lien or record the lien in compliance with Section 38-7-2 is liable to the person against whom the notice of lien was filed for $1,000 or for treble damages, whichever is greater.
(3) Failure to meet the notice requirements of Subsections 38-7-2 (1) and (2) does not:
(a) invalidate any lien arising at common law or in equity or by any statute of this state; or
(b) affect the rules of priority provided in Title 70A,
Chapter 9a, Uniform Commercial Code - Secured Transactions.
2000
38-7-3 Parties or insurance carrier making payment liable for satisfaction of lien - Enforcement of lien.
(1) Any person, firm or corporation, including an insurance carrier, making any payment to a patient or to his attorney, heirs or legal representative as compensation for the injuries and/or damages sustained, after the filing and, if applicable, receipt of written notice of the lien, as aforesaid, and without paying the hospital asserting the lien the amount of its lien or that portion of the lien which can be satisfied out of the money due under any final judgment or contract of compromise or settlement, less payment of the amount of any prior liens, shall be liable to the hospital for the amount that the hospital was entitled to receive.
(2) Liability of the person, firm or corporation for the
satisfaction of the hospital lien shall continue for a period
of one year from and after the date of any payment of any
money to the patient, his heirs or legal representatives
as damages or under a contract of compromise or settlement.
Any hospital may enforce its lien by a suit at law against
the person, firm or corporation making the payment. In the
event of a suit to enforce a lien the hospital may recover
a reasonable attorney's fee and the costs of filing and recording
the lien.
1965
38-7-4 Hospital lien docket provided by district court - Contents.
Every district court shall, at the expense of the county,
provide and maintain a suitable bound book to be called the
hospital lien docket, and in which shall be entered any hospital
lien claim filed. The district court shall enter the name
of the injured person, the name of the person, firm, or corporation
alleged to be liable for the injuries and damages, the date
and place of the accident, and the name of the hospital or
other institution making the claim. The district court shall
also maintain a proper index of the hospital lien docket
under the name of the injured person.
1996
38-7-5 Release of lien by hospital - Execution and filing.
The hospital shall, upon receipt of payment of the lien
or the portion recoverable under the lien, execute and file,
at the expense of the hospital, a release of lien.
1965
38-7-7 Interest of hospital in claim settlement limited.
Nothing in this act shall be construed to permit any hospital
to be a party to or to have any interest in the amount or
manner of any settlement of any claim on which a lien has
been filed other than the lien rights as provided in this
act.
1965
38-7-8 Short title.
This act may be known as the Hospital Lien Law.
1965
